Title : THE EVACUEE INTEREST (SEPARATION) ACT, 1951
Year : 1951
CHAPTER I
PRELIMINARY
1.Short title, extent and commencement.
1. Short title, extent and commencement. (1) This Act may be called the Industries (Development and Regulation) Act, 1951.(2) It extends to the whole of India 2***.
(3) It shall come into force on such date 3* as the Central Government may, by notification in the Official Gazette, appoint.
2.Declaration as to expediency of control by the Union.
2. Declaration as to expediency of control by the Union. It is hereby declared that it is expedient in the public interest that the Union should take under its control the industries specified in the First Schedule.
3.Definitions.
3. Definitions. In this Act, unless the context otherwise requires,--
(a) "Advisory Council" means the Central Advisory Council established under section 5;
4*[(aa) "ancillary industrial undertaking" means an industrial undertaking which, in accordance with the proviso to sub-section (1) of section 11B and the requirements specified under that sub-section, is entitled to be regarded as an ancillary industrial undertaking for the purposes of this Act;]
5*[4[(ab)] "current assets" means bank balances and cash and includes such other assets or reserves as are expected to be realised in cash or sold or consumed within a period of not more than twelve months in the ordinary course of business, such as,
---------------------------------------------------------------------- 1. This Act has been extended to Goa, Daman and Diu (with modifications) by Reg. 12 of 1962, s. 3 and Sch., to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I and to Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963, s. 3 and Sch. I.
Extended to and brought into force in the State of Sikkim w.e.f. 5-3-1983: vide Notifn. No. S.O. 163(E), dated 2-3-1983 (with modifications)
2. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1961, s. 2.3. 8th May, 1952, vide Notification No. S.R.O. 811, dated the 8th May, 1952, see Gazette of India, Extraordinary, Pt. II, Sec. 3, p. 539.15th February, 1962, in respect of the State of Jammu and Kashmir; vide Notification No. S.O. 458IDRA1162, dated 7th February, 1962, see Gazette of India, Extraordinary, Pt. II. Sec. 3(ii), p. 385.4. Re-lettered and ins. by Act 4 of 1984, s. 2 (w.e.f. 12-1-1984) 5. Ins. by Act 72 of 1971, s. 2 (w.e.f. 1-11-1971).
94.stock-in-trade, amounts due from sundry debtors for sale of goods and for services rendered, advance tax payments and bills receivable, but does not include sums credited to a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the employees, maintained by a company owning an industrial undertaking;
1*[(ac)] "current liabilities" means liabilities which must be met on demand or within a period of twelve months from the date they are incurred; and includes any current liability which is suspended under section 18FB;]
(b) "Development Council" means a Development Council established under section 6;
2*[(bb) "existing industrial undertaking" means--
(a) in the case of an industrial undertaking pertaining to any of the industries specified in the First Schedule as originally enacted, an industrial undertaking which was in existence on the commencement of this Act or for the establishment of which effective steps had been taken before such commencement, and
(b) in the case of an industrial undertaking pertaining to any of the industries added to the First Schedule by an amendment thereof, an industrial undertaking which is in existence on the coming into force of such amendment or for the establishment of which effective steps had been taken before the coming into force of such amendment;]
(c) "factory" means any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on--
(i) with the aid of power, provided that fifty or more workers are working or were working thereon on any day of the preceding twelve months; or
(ii) without the aid of power, provided that one hundred or more workers are working or were working thereon on any day of the preceding twelve month and provided further that in no part of such premises any manufacturing process is being carried on with the aid of power;
3*[(cc) "High Court" means the High Court having jurisdiction in relation to the place at which the registered office of a company is situate;] ---------------------------------------------------------------------- 1. Re-lettered by Act 4 of 1984, s. 2 (w.e.f. 12-1-1984) 2. Ins. by Act 26 of 1953, s. 2.3. Ins. by Act 72 of 1971, s. 2. (w.e.f. 1-11-1971).
95.(d) "industrial undertaking" means any undertaking pertaining to a scheduled industry carried on in one or more factories by any person or authority including Government;
1*[(dd) "new article", in relation to an industrial undertaking which is registered or in respect of which a licence or permission has been issued under this Act, means--
(a) any article which falls under an item in the First Schedule other than the item under which articles ordinarily manufactured or produced in the industrial undertaking at the date of registration or issue of the licence or permission, as the case may be, fall;
(b) any article which bears a mark as defined in the Trade Marks Act, 1940 2* (5 of 1940), or which is the subject of a patent, if at the date of registration or issue of the licence or permission, as the case may be, the industrial undertaking was not manufacturing or producing such article bearing that mark or which is the subject of that patent.]
(e) "notified order" means an order notified in the Official Gazette;
(f) "owner", in relation to an industrial undertaking means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "Schedule" means a Schedule to this Act;
(i) "scheduled industry" means any of the industries specified in the First Schedule.
3*[(j) "small scale industrial undertaking" means an industrial undertaking which, in accordance with the requirements specified under sub-section (1) of section 11B, is entitled to be regarded as a small scale industrial undertaking for the purposes of this Act;]
4*[3*[(k)] words and expressions used herein but not defined in this Act and defined in the Companies Act, 1956 (1.of 1956), have the meanings respectively assigned to them in that Act.].
4.Saving.
4. [Saving.] Rep. by the Industries (Development and Regulation) Amendment Act, 1953 (26 of 1953), s. 3.---------------------------------------------------------------------- 1. Ins. by Act 26 of 1953, s. 2.2. See now the Trade and Merchandise Marks Act, 1958 (43 of 1958). 3. Re-lettered and ins. by Act 4 of 1984, s. 2 (w.e.f. 12-1-1984). 4. Ins. by Act 72 of 1971, s. 2 (w.e.f. 1-11-1971).
SEPARATION OF EVACUEE INTEREST IN COMPOSITE PROPERTY
4.Power to appoint competent officers.
4. Power to appoint competent officers. (1) The State Government may, with the approval of the Central Government, by notification in the Official Gazette, appoint as many competent officers as may be necessary for the purpose of performing the functions assigned to them by or under this Act, and a competent officer may perform his functions in such local area or areas as may be specified in the notification.
(2) No person shall be qualified to be appointed as a competent officer under this Act unless he has held a judicial office for at least five years, or has been an advocate or a pleader for at least seven years.
5.Jurisdiction of competent officers.
5. Jurisdiction of competent officers. A competent officer shall have jurisdiction to decide any claim relating to any composite property situate within the limits of the local area of his jurisdiction and such cases or classes of cases as may, by general or special order, be transferred to him under section 19 by the Central Government or the appellate officer.
6.Notice to submit claims.
6. Notice to submit claims. (1) For the purpose of determining or separating the evacuee interest in a composite property, any competent officer having jurisdiction over such property may, either on information received in this behalf from the Custodian or on an application from a claimant, issue, in such form and manner as may be prescribed,--
(a) a general notice requiring all persons who claim interest in such property, and
47.(b) also a notice on every person who, in the opinion of the competent officer, may have a claim in such property, to submit claims, if any, in respect of that property.
(2) An application under sub-section (1) shall be in such form and manner as may be prescribed.
1*[(3) No application under this section shall be entertained if filed after the expiry of one year from the commencement of the Evacuee Interest (Separation) Amendment Act, 1960 (27 of 1960).]
7.Submission of claims.
7. Submission of claims. (1) Any person claiming an interest in a composite property may, within sixty days of the date of the issue of the general notice or service of individual notice under section 6, whichever is later, submit to the competent officer a statement of his claim in writing and signed and verified in the prescribed manner.
2* * * * *
(2) A statement of claim under sub-section (1) shall be drawn up, as far as may be, in the form of pleadings under the Code of Civil Procedure, 1908 (5 of 1908) and shall include the following particulars, namely :-
(a) the nature of the interest of the claimant in the composite property;
(b) the estimated money value of the composite property;
(c) where the claim is made by a co-sharer or partner, the extent of the share of the claimant and the money value of such share;
(d) where the claim is made by a mortgagee,--
(i) the principal money and the rate of interest chargeable under the mortgage deed;
(ii) payments made towards the mortgage debt after the principal money was advanced or deemed to have been advanced;
(iii) the history of the mortgage debt in so far as it is relevant to the determination of the principal money;
(iv) particulars of the property mortgaged and the estimated value of such property;
(v) particulars of any property the possession of which has been taken by the mortgagee as security for, or in lieu of payment of, the mortgage debt; ---------------------------------------------------------------------- 1. Ins. by Act 27 of 1960, s. 2 (w.e.f. 15-10-1960). 2. Proviso omitted by s. 3, ibid. (w.e.f. 15-10-1960).
48.(vi) the total amount claimed under the mortgage debt in accordance with the provisions of this Act;
(e) where the claim is made by a mortgagor, the total amount due under the mortgage debt and the particulars necessary to determine the same;
(f) the order of preference in which the claimant desires to have his interest separated from that of the evacuee under section 10;
(g) any other particulars which may be prescribed.
(3) The claimant shall, along with the submission of claim under sub-section (1), file true copies of all documents in his possession or power on which the claim is based and a list of any other documents (whether in his possession or power or not) on which he intends to rely as evidence in support of his claim; and the claimant shall, whenever required to do so by the competent officer, produce all the documents of which true copies have been filed and also the documents in his possession or power which have been entered in the list.
(4) No document which should have been but has not been filed in accordance with the requirements of sub-section (3), shall be received at any stage of the proceedings without the leave of the competent officer.
8.Decision by competent officer.
8. Decision by competent officer. (1) On receipt of a statement of claim under section 7, the competent officer shall, subject to the provisions of sub-sections (2) and (3), hold an inquiry into the claim in accordance with the procedure laid down in section 17 and pass an order determining the interest of the evacuee and the claimant in the property in question and the order shall contain all or any of the following particulars, namely :-
(a) the money value of the property;
(b) in any case where the evacuee and the claimant are co- sharers or partners, their respective shares in the property and the money value of such shares;
(c) in any case where the claim is made by a mortgagor, the amount due to the evacuee;
(d) in any case where the claim is made by a mortgagee, the amount due under the claim in accordance with the provisions of section 9.(2) Where the Custodian under the Administration of Evacuee Property Act, 1950 (31 of 1950), has determined that the property in question or
49.any interest therein is evacuee property, the decision of the Custodian shall be binding on the competent officer:
Provided that nothing contained in this sub-section shall debar the competent officer from determining the mortgage debt in respect of such property or any interest therein or from separating the interest of the evacuee from that of the claimant under section 10.(3) If there is any dispute as to whether a liability is a mortgage debt or not or whether any claim submitted under section 7.exists, the competent officer shall decide such dispute:
Provided that a decree of a Civil Court (other than an ex-parte decree passed after the 14th day of August, 1947) shall, subject to the provisions of sections 9 and 10, be binding on the competent officer in respect of any matter which has been finally decided by such decree; and where any matter was decided by an ex-parte decree passed by a Civil Court after the 14th day of August, 1947, the competent officer may decide such matter afresh and on such decision being made, the ex-parte decree shall be deemed to have no effect.
9.Certain reliefs in respect of mortgaged property of evacuees.
9. Certain reliefs in respect of mortgaged property of evacuees. (1) Notwithstanding anything to the contrary in any law or contract or any decree or order of a Civil Court or other authority, where the claim is made by a mortgagee, no mortgaged property of an evacuee shall, subject to the provisions of sub-section (2), be liable for the payment of interest at a rate exceeding five per cent. per annum simple on the principal money advanced or deemed to have been advanced.
(2) Where a mortgagee has taken possession on any terms whatsoever of any agricultural land and is entitled to receive profits accruing from the land and to appropriate the same, every such mortgage shall be deemed to have taken effect as a complete usufructuary mortgage period mentioned in the mortgage deed or twenty years, whichever is less, from the date of the execution of the mortgage deed; and if the aforesaid period has not expired and the mortgage debt has not been extinguished, the competent officer shall determine the mortgage debt due having regard to the proportion which the unexpired portion of that period bears to the total of that period.
10.Separation of the interests of evacuees from those of claimants incomposite property.
10. Separation of the interests of evacuees from those of claimants in composite property. Notwithstanding anything to the contrary in any law or contract or any decree or order of a Civil Court or other authority, the competent officer may, subject to any rules that may be made in this behalf, take all such measures as he may consider necessary for the
50
purpose of separating the interests of the evacuees from those of the claimants in any composite property, and in particular may,--
(a) in the case of any claim of a co-sharer or partner,--
(i) direct the Custodian to pay to the claimant the amount of money assessed in respect of his share in the composite property or deposit the same in a Civil Court having jurisdiction over such property and deliver possession of the property to the Custodian and the claimant may withdraw the amount in deposit in the Civil Court ; or
(ii) transfer the property to the claimant on payment by him of the amount of money assessed in respect of the share of the evacuee in the property ; or
(iii) sell the property and distribute the sale proceeds thereof between the Custodian and the claimant in proportion to the share of the evacuee and of the claimant in the property ; or
(iv) partition the property according to shares of the evacuee and the claimant and deliver possession of the shares allotted to the evacuee and the claimant to the Custodian and the claimant respectively ;
(b) in the case of any claim of a mortgagor or a mortgagee,--
(i) pay to the Custodian or the claimant the amount payable under the mortgage debt and redeem the mortgaged property ; or
(ii) sell the mortgaged property for satisfaction of the mortgage debt and distribute the sale proceeds thereof ; or
(iii) partition the property between the mortgagor and the mortgagee having regard to the share to which the mortgagee would be entitled in lieu of his claim ;
(c) adopt a combination of all or some of the aforesaid measures:
Provided that before taking any measure under this section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub-section (2) of section 7.; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt.
11.Vesting of evacuee interest in the Custodian free from encumbrancesand payments, etc., to be valid discharge from all claims.
11. Vesting of evacuee interest in the Custodian free from encumbrances and payments, etc., to be valid discharge from all claims. (1) Where in respect of any property, notice under section 6.is issued but no claim is filed or found to exist or where any claim in
51.respect of such property is found to exist and the competent officer separates the evacuee interest therein under section 10, the whole property, or, as the case may be, the evacuee interest in the property thus separated shall vest in the Custodian free from all encumbrances and liabilities and any payment, transfer or partition made or effected under section 10, in satisfaction of any claim in respect of the property shall be a full and valid discharge of all claims in respect of the property.
(2) The Custodian may take possession of any such property by evicting the claimant and other persons who may be in occupation thereof and may, for that purpose, use or cause to be used such force as may be necessary:
Provided that the Custodian shall not disturb the possession of any person (other than the claimant) who was in lawful possession of the property at the commencement of this Act and has continued in such possession.
12.Rights of claimants inter se and by other persons against claimantsnot to be affected.
12. Rights of claimants inter se and by other persons against claimants not to be affected. Nothing in this Chapter shall prejudice any rights in respect of the property transferred or delivered, or payment made, to a claimant under the provisions of this Act which any other claimant or other person may be entitled by due process of law to enforce against the claimant to whom the property is delivered or transferred or the payment is made.
APPEAL, REVISION AND POWERS AND PROCEDURE OF COMPETENT OFFICERS AND APPELLATE OFFICERS
13.Power to appoint appellate officers.
13. Power to appoint appellate officers. (1) The State Government with the approval of the Central Government may, by notification in the Official Gazette, appoint as many appellate officers as may be necessary for the purpose of hearing appeals against the orders of the competent officers and an appellate officer shall have jurisdiction over such local area or areas as may be specified in the notification.
(2) No person shall be qualified to be appointed as an appellate officer under this Act unless such person--
(a) is, or has been, or is qualified for appointment as, a Judge of a High Court ; or
(b) is, or has been, a District Judge.
52.14.Appeals.
14. Appeals. (1) Any person aggrieved by an order of the competent officer made under section 8 or section 10 may, within sixty days from the date of the order, prefer an appeal to the appellate officer in such form and manner as may be prescribed:
Provided that the appellate officer may entertain the appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) The appellate officer may, after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such orders as he deems fit.
15.Power of revision of the appellate officer.
15. Power of revision of the appellate officer. The appellate officer may at any time call for the record of any proceeding in which the competent officer has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such order in relation thereto as he thinks fit:
Provided that the appellate officer shall not pass an order under this section prejudicially to any person without giving him a reasonable opportunity of being heard.
16.Amendment of orders.
16. Amendment of orders. Clerical or arithmetical mistakes in orders passed by a competent officer or an appellate officer or errors arising therein from any accidental slip or omission, may, at any time, be corrected by the competent officer or the appellate officer either of his own motion or on an application received in this behalf from any of the parties.
17.Powers and procedure of competent officers and appellate officers.
17. Powers and procedure of competent officers and appellate officers. (1) A competent officer or an appellate officer shall, for the purpose of holding any inquiry or hearing any appeal under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for the examination of witnesses;
(d) any other matter which may be prescribed;
and any proceeding before the competent officer or the appellate officer shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code (45 of 1860), and the competent
53.officer or the appellate officer shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898).
(2) An appellate officer shall, subject to the provisions of this Act, have such further powers as are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), when hearing an appeal.
(3) Subject to any rules made in this behalf, the competent officer and appellate officer shall follow the same procedure as a Civil Court does in regard to civil suits including recording of evidence and the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, as far as may be, apply to such proceedings.
18.Finality of orders.
18. Finality of orders. Save as otherwise expressly provided in this Act, every order made by any appellate officer or competent officer shall be final and shall not be called in question in any Court by way of an appeal or revision or in any original suit, application or execution proceedings.
POWER TO PROVIDE RELIEF TO CERTAIN INDUSTRIAL UNDERTAKINGS
18FB
Power of Central Government to make certain declarations in relationto industrial undertakings, the management or control of which hasbeen taken over under section 18A, section 18AA or section 1.18FB. Power of Central Government to make certain declarations in relation to industrial undertakings, the management or control of which has been taken over under section 18A, section 18AA or section 18FA. (1) The Central Government may, if it is satisfied, in relation to an industrial undertaking or any part thereof, the management or control of which has been taken over under section 18A, whether before or after the commencement of the Industries (Development and Regulation) Amendment Act, 1971, or under section 18AA or section 18FA, that it is necessary so to do in the interests of the general public with a view to preventing fall in the volume of production of any scheduled industry, it may, by notified order, declare that--
(a) all or any of the enactments specified in the Third Schedule shall not apply or shall apply with such adaptations, whether by way of modification, addition or omission (which does not, however, affect the policy of the said enactments) to such industrial undertaking, as may be specified in such notified order, or
(b) the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force (to which such industrial undertaking or the company owning such undertaking is a party or which may be applicable to such industrial undertaking or
107D
company) immediately before the date of issue of such notified order shall remain suspended or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall remain suspended or shall be enforceable with such adaptations and in such manner as may be specified in the notified order.
(2) The notified order made under sub-section (1) shall remain in force in the first instance, for a period of one year, but the duration of such notified order may be extended from time to time by a further notified order by a period not exceeding one year at a time:
Provided that no such notified order shall, in any case, remain in force--
(a) after the expiry of the period for which the management of the industrial undertaking was taken over under section 18A, section 18AA or section 18FA, or
(b) for more than 1*[eight years] in the aggregate from the date of issue of the first notified order,
whichever is earlier.
(3) Any notified order made under sub-section (1) shall have effect notwithstanding anything to the contrary contained in any other law, agreement or instrument or any decree or order of a court, tribunal, officer or other authority or of any submission, settlement or standing order.
(4) Any remedy for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of sub-section (1) and suspended or modified by a notified order made under that sub- section shall, in accordance with the terms of the notified order, remain suspended or modified, and all proceedings relating thereto pending before any court, tribunal, officer or other authority shall accordingly remain stayed or be continued subject to such adaptations, so, however, that on the notified order ceasing to have effect--
(a) any right, privilege, obligation or liability so remaining suspended or modified shall become revived and enforceable as if the notified order had never been made;
(b) any proceeding so remaining stayed shall be proceeded with, subject to the provisions of any law which may then be in force, from the stage which had been reached when the proceedings became stayed. ---------------------------------------------------------------------- 1. Subs. by Act 17 of 1979, s. 2 (w.e.f. 30-12-1978).
107E
(5) In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of sub-section (1), the period during which it or the remedy for the enforcement thereof remained suspended shall be excluded.
CONTROL OF SUPPLY, DISTRIBUTION, PRICE, ETC., OF CERTAIN ARTICLES
18G.
Power to control supply, distribution, price, etc., of certainarticles.
18G. Power to control supply, distribution, price, etc., of certain articles. (1) The Central Government, so far as it appears to it to be necessary or expedient for securing the equitable distribution
108.and availability at fair prices of any article or class of articles relatable to any scheduled industry, may, notwithstanding anything contained in any other provision of this Act, by notified order, provide for regulating the supply and distribution thereof and trade and commerce therein.
(2) Without prejudice to the generality of the powers conferred by sub-section (1), a notified order made thereunder may provide--
(a) for controlling the prices at which any such article or class thereof may be bought or sold;
(b) for regulating by licences, permits or otherwise the distribution, transport, disposal, acquisition, possession, use or consumption of any such article or class thereof;
(c) for prohibiting the withholding from sale of any such article or class thereof ordinarily kept for sale;
(d) for requiring any person manufacturing, producing or holding in stock any such article or class thereof to sell the whole or part of the articles so manufactured or produced during a specified period or to sell the whole or a part of the articles so held in stock to such person or class of persons and in such circumstances as may be specified in the order;
(e) for regulating or prohibiting any class of commercial or financial transactions relating to such article or class thereof which in the opinion of the authority making the order are, or if unregulated are likely to be, detrimental to public interest;
(f) for requiring persons engaged in the distribution and trade and commerce in any such article or class thereof to mark the articles exposed or intended for sale with the sale price or to exhibit at some easily accessible place on the premises the price-lists of articles held for sale and also to similarly exhibit on the first day of every month, or at such other time as may be prescribed, a statement of the total quantities of any such articles in stock;
(g) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; and
(h) for any incidental or supplementary matters, including, in particular, the grant or issue of licences, permits or other documents and the charging of fees therefor.
109.(3) Where, in pursuance of any order made with reference to clause (d) of sub-section (2), any person sells any article, there shall be paid to him the price therefor--
(a) where the price can consistently with the controlled price if any, be fixed by agreement, the price so agreed upon;
(b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any, fixed under this section;
(c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale.
(4) No order made in exercise of any power conferred by this section shall be called in question in any Court.
(5) Where an order purports to have been made and signed by an authority in exercise of any power conferred by this section. a Court shall, within the meaning of the Indian Evidence Act, 1872 (1 of 1872), presume that such order was so made by that authority.
Explanation.--In this section, the expression article or class of articles relatable to any scheduled industry includes any article or class of articles imported into India which is of the same nature or description as the article or class of articles manufactured or produced in the scheduled industry
Title : THE EVACUEE INTEREST (SEPARATION) ACT, 1951
Year : 1951
CHAPTER IV
MISCELLANEOUS
19.Powers of inspection.
19. Powers of inspection. (1) For the purpose of ascertaining the position or working of any industrial undertaking or for any other purpose mentioned in this Act or the rules made thereunder, any person authorized by the Central Government in this behalf shall have the right--
(a) to enter and inspect any premises;
(b) to order the production of any document, book, register or record in the possession or power of any person having the control of, or employed in connection with, any industrial undertaking; and
(c) to examine any person having the control of, or employed in connection with, any industrial undertaking.
(2) Any person authorized by the Central Government under sub- section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
110.20.General prohibition of taking over management or control of industrialundertakings.
20. General prohibition of taking over management or control of industrial undertakings. After the commencement of this Act, it shall not be competent for any State Government or a local authority to take over the management or control of any industrial undertaking under any law for the time being in force which authorizes any such Government or local authority so to do.
21.Certain administrative expenses of Development Councils to be paidfrom moneys provided by Parliament.
21. Certain administrative expenses of Development Councils to be paid from moneys provided by Parliament. Such administrative expenses as relate to the emoluments of officers of a Development Council who are appointed by or with the approval of the Central Government, shall be defrayed out of moneys provided by Parliament.
22.Power of the Central Government to issue directions to DevelopmentCouncils.
22. Power of the Central Government to issue directions to Development Councils. In the exercise of its functions under this Act, every Development Council shall be guided by such instructions as may be given to it by the Central Government and such instructions may include directions relating to the manner in which, and the purpose for which, any proceeds of the cess levied under section 9 which may have been handed over to it, shall be expended.
23.Decision of Central Government final respecting certain matters.
1*[23. Decision of Central Government final respecting certain matters. If, for the purposes of this Act, any question arises as to whether--
(a) there has been a substantial expansion of an industrial undertaking, or
(b) an industrial undertaking is producing or manufacturing any new article,
the decision of the Central Government thereon shall be final.]
24.Penalties.
24. Penalties. 2*[(1) If any person contravenes or attempts to contravene or abets the contravention of--
(i) the provisions of sub-section (1) 3*[or sub-section (4)] of section 10 or of sub-section (1) of section 11 or of section 11A or of sub-section (1) of section 13 4*[or of 5*[sub-sections (2), (2A), (2D), (2F) and (2G) of section 29B], or
(ii) any direction issued under section 16 or sub-section (3) of section 18B, or
(iii) any order made under section 18G, or
(iv) any rule the contravention of which is made punishable under this section,
he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1953, s. 14, for the original section. 2. Subs. by s. 15, ibid., for the original sub-section. 3. Ins. by Act 67 of 1973, s. 3 (w.e.f. 7-2-1974). 4. Ins. by Act 71 of 1956, s. 4 (w.e.f. 1-3-1957). 5. Subs. by Act 4 of 1984, s. 4 (w.e.f. 12-1-1984).
111.with both, and, in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.]
(2) If the person contravening any of the said provisions is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub-section (2), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
24A.
Penalty for false statements.
1*[24A. Penalty for false statements. If any person,--
(a) when required by this Act or by any order under this Act to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false or does not believe to be true; or
(b) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any order made under this Act to maintain or furnish; ---------------------------------------------------------------------- 1. Ins. by Act 26 of 1953, s. 16.112.he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to two thousand rupees, or with both.]
25.Delegation of powers.
1*[25. Delegation of powers. (1) The Central Government may, by notified order, direct that any power exercisable by it under this Act (other than the power given to it by sections 16 2*[18A, 18AA and 18FA]) shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority (including in the said expressions any Development Council, State Government or officer or authority subordinate to the Central Government) as may be specified in the direction.
(2) Any power exercisable by a State Government by virtue of a direction under sub-section (1) may, unless otherwise provided in such direction, be exercised also by such officer or authority subordinate to that State Government as it may, by notified order, specify in this behalf.
26.Power to issue directions.
26. Power to issue directions. The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions of this Act or of any order or direction made thereunder.
27.Cognizance of offences.
27. Cognizance of offences. No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of 1860).
28.Burden of proof in certain cases.
28. Burden of proof in certain cases. Where any person is prosecuted for contravening any order made under section 18G which prohibits him from doing an act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him.
29.Jurisdiction of Courts.
29. Jurisdiction of Courts. (1) Subject to the provisions of sub- section (2), no Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
(2) Any Magistrate or bench of Magistrates empowered, for the time being, to try in a summary way the offences specified in sub- section (1) of section 260 of the Code of Criminal Procedure, 1898.(5 of 1898), may, on application in this behalf being made by the prosecution, try, in accordance with the ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1953, s. 17, for original sections 25 to 29.2. Subs. by Act 72 of 1971, s. 7, for "and 18A" (w.e.f. 1-11-1971).
113.provisions contained in sections 262 to 265 of the said Code any offence which consists of a contravention of an order made under section 18G.
29A.
Special provision regarding fines.
29A. Special provision regarding fines. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (5 of 1898), it shall be lawful for any Magistrate of the first class and for any Presidency Magistrate to pass a sentence of fine exceeding one thousand rupees on any person convicted of any offence under this Act.
29B.
Power to exempt in special cases.
29B. Power to exempt in special cases. 1*[(1)] If the Central Government is of opinion, having regard to the smallness of the number of workers employed or to the amount invested in any industrial undertaking or to the desirability of encouraging small undertakings generally or to the stage of development of any scheduled industry, that it would not be in public interest to apply all or any of the provisions of this Act thereto, it may, by notification in the Official Gazette, exempt, subject to such conditions as it may think fit to impose, any industrial undertaking or class of industrial undertakings or any scheduled industry or class of scheduled industries as it may specify in the notification from the operation of all or any of the provisions of this Act or of any rule or order made thereunder.
2*[(2) Where any notification under sub-section (1) granting any exemption is cancelled, no owner of any industrial undertaking to which the provisions of section 10, section 11, section 11A or clause (d) of sub-section (1) of section 13 would have applied, if the notification under sub-section (1) had not been issued, shall carry on the business of the undertaking after the expiry of such period as may be specified in the notification cancelling the exemption except under and in accordance with a licence issued in this behalf by the Central Government and, in the case of a State Government, except under and in accordance with the previous permission of the Central Government.
3*[(2A) In particular, and without prejudice to the generality of the provisions of sub-section (1), the Central Government may, if it is satisfied, after considering the recommendations made to it by the Advisory Committee constituted under sub-section (2B), that it is necessary so to do for the development and expansion of ancillary, or small scale, industrial undertakings, by notified order, direct that any article or class of articles specified in the First Schedule shall, on and from such date as may be specified in the notified order (hereafter in this section referred to as the "date of reservation"), be reserved for exclusive production by the ancillary, or small scale, industrial undertakings (hereafter in this section referred to as "reserved article").
(2B) The Central Government shall, with a view to determining the nature of any article or class of articles that may be reserved for production by the ancillary, or small scale, industrial undertakings, constitute an Advisory Committee consisting of such persons as have, in the opinion of that Government, the necessary expertise to give advice on the matter.
(2C) The Advisory Committee shall, after considering the following matters, communicate its recommendations to the Central Government, namely:--
(a) the nature of any article or class of articles which may be produced economically by the ancillary, or small scale, industrial undertakings;
(b) the level of employment likely to be generated by the production of such article or class of articles by the ancillary, or small scale, industrial undertakings;
(c) the possibility of encouraging and diffusing entrepreneurship in industry;
(d) the prevention of concentration of economic power to the common detriment; and
(e) such other matters as the Advisory Committee may think fit.
(2D) The production of any reserved article or class of reserved articles by any industrial undertaking (not being an ancillary, or small scale, industrial undertaking) which, on the date of reservation, is engaged in, or has taken effective steps for, the production of any reserved article or class of reserved articles, shall, after the commencement of the Industries (Development and Regulation) Amendment Act, 1984, or, as the case may be, the date of reservation, whichever is later, be subject to such conditions as the Central Government may, by notified order, specify.
(2E) While specifying any condition under sub-section (2D), the Central Government may take into consideration the level of production of any reserved article or class of reserved articles achieved, immediately before the date of reservation, by the industrial undertaking referred to in sub-section (2D), and such other factors as may be relevant.
(2F) Every person or authority, not being the Central Government, who, or which, is registered under section 10 or to whom, or to which, a licence has been issued or permission has been granted under section 11 for the production of any article or class of articles which has, or have, been subsequently reserved for the ancillary, or small scale, industrial undertakings, shall produce, such registration certificate, licence or permission, as the case may be, within such period as the Central Government may, by notified order, specify in this behalf, and the Central Government may enter therein all or any of the conditions specified by it under sub-section (2D), including the productive capacity of the industrial undertakings and other prescribed particulars.
(2G) The owner of every industrial undertaking (not being an ancillary, or small scale, industrial undertaking) which, immediately before the commencement of the Industries (Development and Regulation) Amendment Act, 1984, or the date of reservation, whichever is later,--
(a) was engaged in the production of any article or class of articles, which has, or have, been reserved for the ancillary, or small scale, industrial undertakings, or
(b) had before such commencement or before the date of such reservation, as the case may be, taken effective steps for commencing the production of such reserved article or class of reserved articles,
without being registered under section 10 or in respect of which a licence or permission has not been issued under section 11, shall refrain from the production of such reserved article or class of reserved articles, on and from the date of expiry of three months from such commencement or from the date of such reservation, whichever is later.
(2H) Every notified order made under sub-section (2A) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the sessions immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notified order or both Houses agree that the notified order should not be made, the notified order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notified order..
(3) The provisions of this Act shall apply, so far as may be, in relation the issue of a licence or permission to any industrial undertaking referred in sub-section (2) as they apply in relation to the issue of a licence or permission to a new industrial undertaking.]
29C.
Protection of action taken under the Act.
29C. Protection of action taken under the Act. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. ---------------------------------------------------------------------- 1. S. 29B re-numbered as sub-section (1) of that section by Act 71.of 1956, s. 5 (w.e.f. 1-3-1957). 2. Ins. by s. 5, ibid (w.e.f. 1-3-1957). 3. Ins. by Act 4 of 1984, s. 5 (w.e.f. 12-1-1984).
114.(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.]
29D.
Debts incurred by the authorised person to have priority.
1*[29D. Debts incurred by the authorised person to have priority. Every debt arising out of any loan obtained by the authorised person for carrying on the management of, or exercising functions of control in relation to an industrial undertaking or part thereof, the management of which has been taken over under section 18A or section 18AA or section 18FA,--
(a) shall have priority over all other debts, whether secured or unsecured, incurred before the management of such industrial undertaking was taken over;
(b) shall be a preferential debt within the meaning of section 530 of the Companies Act, 1956 (1 of 1956),
and such debts shall rank equally among themselves and be paid in full out of the assets of the industrial undertaking unless such assets are insufficient to meet them, in which case they shall abate in equal proportions.]
30.
Power to make rules.
30. Power to make rules. (1) The Central Government may, subject to the condition of previous publication, make rules 2* for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the constitution of the Advisory Council and Development Councils, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling casual vacancies among, members of the Advisory Council or a Development Council;
(b) the form of the statement of account to be furnished by a Development Council;
(c) the intervals at which, the time within which, and the manner in which, the cess leviable under section 9.shall be payable and the rebate for the prompt payment of such cess; ---------------------------------------------------------------------- 1. Ins. by Act 72 of 1971, s. 8 (w.e.f. 1-11-1971). 2. See the Central Advisory Council (Procedural) Rules, 1952, Gazette of India, 1952, Extraordinary, Pt. II, See. 3, p. 540; the Registration and Licensing of Industrial Undertakings Rules, 1952, ibid., p. 617 and the Development Councils (Procedural) Rules, 1952, ibid., 1953, p. 467.115.(d) the expenses which a Development Council may meet from the proceeds of the cess levied under section 9 which may have been handed over to it;
(e) the appointment by or with the approval of the Central Government of any officers of a Development Council;
(f) the facilities to be provided by any industrial undertaking for the training of technicians and labour;
(g) the collection of any information or statistics in respect of any scheduled industry;
(h) the manner in which industrial undertakings may be registered under section 10 and the levy of a fee therefor;
(i) the procedure for the grant or issue of licences and permissions under 1*[section 11, section 11A, 2*[section 13 or section 29B]], the time within which such licences or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such public inquiry in relation thereto as may be necessary in the circumstances;
(j) the fees to be levied in respect of licences and permissions issued under this Act;
(k) the matters which may be taken into account in the granting or issuing of licences and permissions, including in particular, the previous consultation by the Central Government with the Advisory Council or any Development Council or both in regard to the grant or issue of any such licences or permissions;
(l) the procedure to be followed in making any investigation under this Act;
(m) the conditions which may be included in any licences and permission;
(n) the conditions on which licences and permissions may be varied or amended under section 12;
(o) the maintenance of books, accounts and records relating to an industrial undertaking;
(p) the submission of special or periodical returns relating to an industrial undertaking by persons having the control of, or employed in connection with, such undertaking, and the ---------------------------------------------------------------------- 1. Subs. by Act 26 of 1953, s. 18, for "section 11 or section 13". 2. Subs. by Act 71 of 1956, s. 6, for "or section 13" (w.e.f. 1-3- 1957).
116.forms in which, and the authorities to which such returns and reports shall be submitted;
1*[(pp) any matter which is to be or may be prescribed for giving effect to the provisions of Chapter IIIAA or Chapter IIIAC;]
(q) any other matter which is to be or may be prescribed under this Act.
(3) Any rule made under this section may provide that a contravention thereof shall be punishable under section 24.2*[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
31.Application of other laws not barred.
31. Application of other laws not barred. The provisions of this Act shall be in addition to and not, save as otherwise expressly provided in this Act, in derogation of any other Central Act for the time being in force, relating to any of the scheduled industries.
32.Amendment of section 2 of Act 14 of 1947.32. [Amendment of section 2 of Act 14 of 1947.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and Sch. 1.SCHE
See sections 2 and 3 (i)
3*[THE FIRST SCHEDULE
[See sections 2 and 3 (i)]
Any industry engaged in the manufacture or production of any of the articles mentioned under each of the following headings or sub- headings, namely:--
1. METALLURGICAL INDUSTRIES :
A. Ferrous :
(1) Iron and steel (Metal).
(2) Ferro-alloys.
(3) Iron and Steel castings and forgings.
(4) Iron and Steel structurals.
(5) Iron and Steel pipes.
(6) Special steels.
(7) Other products of iron and steel. ---------------------------------------------------------------------- 1. Ins. by Act 72 of 1971, s. 9 (w.e.f. 1-11-1971). 2. Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986). 3. Subs. by Act 71 of 1956, s. 7, for the original Schedule (w.e.f. 1-3-1957).
116A
B. Non-ferrous:
1*[(1) Precious metals, including gold and silver, and their alloys.
(1A) Other non-ferrous metals and their alloys.]
(2) Semi-manufactures and manufactures.
2. FUELS:
(1) Coal, lignite, coke and their derivatives.
(2) Mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like.
(3) Fuel gases--(coal gas, natural gas and the like).
3. BOILERS AND STEAM GENERATING PLANTS:
Boilers and steam generating plants. ---------------------------------------------------------------------- 1. Subs. by Act 37 of 1962, s. 2, for item (1).
117.4. PRIME MOVERS (OTHER THAN ELECTRICAL GENERATORS) (1) Steam engines and turbines. (2) Internal combustion engines.
5. ELECTRICAL EQUIPMENT: (1) Equipment for generation, transmission and distribution of electricity including transformers. (2) Electrical motors. (3) Electrical fans. (4) Electrical lamps. (5) Electrical furnaces. (6) Electrical cables and wires. (7) X-ray equipment. (8) Electronic equipment. (9) Household appliances such as electric irons, heaters and the like. (10) Storage batteries. (11) Dry cells.
6. TELECOMMUNICATIONS: (1) Telephones. (2) Telegraph equipment. (3) Wireless communication apparatus. (4) Radio receivers, including amplifying and public address equipment. (5) Television sets. (6) Teleprinters.
7. TRANSPORTATION: (1) Aircraft. (2) Ships and other vessels drawn by power. (3) Railway locomotives. (4) Railway rolling stock. (5) Automobiles (motor cars, buses, trucks, motor cycles, scooters and the like). (6) Bicycles. (7) Others, such as fork lift trucks and the like.
118.8. INDUSTRIAL MACHINERY:
A. Major items of specialised equipment used in specific industries:--
(1) Textile machinery (such as spinning frames, carding machines, powerlooms and the like) including textile accessories. (2) Jute machinery. (3) Rayon machinery. (4) Sugar machinery. (5) Tea machinery. (6) Mining machinery. (7) Metallurgical machinery. (8) Cement machinery. (9) Chemical machinery. (10) Pharmaceuticals machinery. (11) Paper machinery.
B. General items of machinery used in several industries, such as the equipment required for various unit processes:
(1) size reduction equipment--crushers, ball mills and the like. (2) Conveying equipment--bucket elevators, skip hoists, cranes, derricks and the like. (3) Size separation units--screens, classifiers and the like. (4) Mixers and reactors--kneading mills, turbo mixers and the like. (5) Filtration equipment--filter presses, rotary filters and the like. (6) Centrifugal machines. (7) Evaporators. (8) Distillation equipment. (9) Crystallisers. (10) Driers. (11) Power driven pumps--reciprocating, centrifugal and the like. (12) Air and gas compressors and vacuum pipes (excluding electrical furnaces). (13) Refrigeration plants for industrial use.
118A.
(14) Fire fighting equipment and appliances including Fire engines.
C. Other items of industrial Machinery:
(1) Ball, roller and tapered bearings. (2) Speed reduction units. (3) Grinding wheels and abrasives.
9. MACHINE TOOLS:
Machine tools.
10. AGRICULTURAL MACHINERY: (1) Tractors, harvestors and the like. (2) Agricultural implements.
11. EARTH-MOVING MACHINERY:
Bulldozers, dumpers, scrapers, loaders, shovels, drag lines, bucket wheel excavators, road rollers and the like.
12. MISCELLANEOUS MECHANICAL AND ENGINEERING INDUSTRIES: (1) Plastic moulded goods. (2) Hand tools, small tools and the like. (3) Razor blades. 1*[(4) Pressure Cookers. (5) Cutlery. (6) Steel furniture.]
13. COMMERCIAL, OFFICE AND HOUSEHOLD EQUIPMENT: (1) Typewriters. (2) Calculating machines. (3) Air conditioners and refrigerators. (4) Vacuum cleaners. (5) Sewing and knitting machines. (6) Hurricane lanterns.
14. MEDICAL AND SURGICAL APPLIANCES:
Surgical instruments--sterilisers, incubators and the like.
15. INDUSTRIAL INSTRUMENTS: (1) Water meters, steam meters, electricity meters and the like. (2) Indicating, recording and regulating devices for pressure, temperature, rate of flow, weights, levels and the like. (3) Weighing machines. ---------------------------------------------------------------------- 1. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978).
118B
16. SCIENTIFIC INSTRUMENTS:
Scientific instruments.
17. MATHEMATICAL, SURVEYING AND DRAWING INSTRUMENTS:
Mathematical, surveying and drawing instruments.
18. FERTILISERS: (1) Inorganic fertilisers. (2) Organic fertilisers. (3) Mixed fertilisers.
19. CHEMICALS (OTHER THAN FERTILISERS): (1) Inorganic heavy chemicals. (2) Organic heavy chemicals. (3) Fine chemicals including photographic chemicals. (4) Synthetic resins and plastics. (5) Paints, varnishes and enamels. (6) Synthetic rubbers. (7) Man-made fibres including regenerated cellulose-rayon, nylon and the like. (8) Coke oven by-products. (9) Coal tar distillation products like nephathalene, anthracene and the like. (10) Explosives including gun powder and safety fuses. (11) Insecticides, fungicides, weedicides and the like. (12) Textile auxiliaries. (13) Sizing materials including starch. (14) Miscellaneous chemicals.
20. PHOTOGRAPHIC RAW FILM AND PAPER: (1) Cinema film. (2) Photographic amateur film. (3) Photographic printing paper.
21. DYE-STUFFS:
Dye-stuffs.
22. DRUGS AND PHARMACEUTICALS:
Drugs and pharmaceuticals.
118C
23. TEXTILES (INCLUDING THOSE DYED, PRINTED OR OTHERWISE PROCESSED): (1) made wholly or in part of cotton, including cotton yarn, hosiery and rope. (2) made wholly or in part of jute, including jute twine and rope. (3) made wholly or in part of wool, including wool tops, woollen yarn, hosiery, carpets and druggets. (4) made wholly or in part of silk, including silk yarn and hosiery. (5) made wholly or in part of synthetic, artificial (man- made) fibres, including yarn and hosiery of such fibres.
24. PAPER AND PULP INCLUDING PAPER PRODUCTS: (1) Paper--writing, printing and wrapping. (2) Newsprint. (3) Paper board and straw board. (4) Paper for packaging (corrugated paper, kraft paper, paper bags, paper containers and the like). (5) Pulp-wood pulp, mechanical, chemical, including dissolving pulp.
25. SUGAR:
Sugar.
26. FERMENTATION INDUSTRIES: (1) Alcohol. (2) Other products of fermentation industries.
27. FOOD PROCESSING INDUSTRIES: (1) Canned fruits and fruit products. (2) Milk foods. (3) Malted foods. (4) Flour. (5) Other processed foods.
28. VEGETABLE OILS AND VANASPATHI: (1) Vegetable oils, including solvent extracted oils. (2) Vanaspathi.
118D
29. SOAPS, COSMETICS AND TOILET PREPARATIONS: (1) Soaps. (2) Glycerine. (3) Cosmetics. (4) Perfumery. (5) Toilet preparations.
30. RUBBER GOODS: (1) Tyres and tubes. (2) Surgical and medicinal products including prophylactics. (3) Footwear. (4) Other rubber goods.
31. LEATHER, LEATHER GOODS AND PICKERS:
Leather, leather goods and pickers.
32. GLUE AND GELATIN:
Glue and gelatin.
33. GLASS: (1) Hollow ware. (2) Sheet and plate glass. (3) Optical glass. (4) Glass wool. (5) Laboratory ware. (6) Miscellaneous ware.
34. CERAMICS: (1) Fire bricks. (2) Refractories. (3) Furnace lining bricks--acidic, basic and neutral. (4) China ware and pottery. (5) Sanitary ware. (6) Insulators. (7) Tiles. 1*[(8) Graphite Crucibles.]
35. CEMENT AND GYPSUM PRODUCTS: (1) Portland cement. (2) Asbestos cement. (3) Insulating boards. (4) Gypsum board, wall boards and the like. ---------------------------------------------------------------------- 1. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978).
118E
36. TIMBER PRODUCTS: (1) Plywood (2) Hardboard, including fibre-board, chip-board and the like. (3) Matches. (4) Miscellaneous (furniture components, bobbins, shuttles and the like).
37. DEFENCE INDUSTRIES:
Arms and ammunition.
38. MISCELLANEOUS INDUSTRIES: 1*[(1)] Cigarettes. 2*[(2) Linoleum, whether felt based or jute based.] 3*[(3) Zip fasteners (metallic and non-metallic). (4) Oil stoves. (5) Printing, including litho printing industry.]
Explanation 1.--The articles specified under each of the headings Nos. 3, 4, 5, 6, 7, 8, 10, 11 and 13 shall include their component parts and accessories.
Explanation 2.--The articles specified under each of the headings Nos. 18, 19, 21 and 22 shall include the intermediates required for their manufacture.]
SCHE
See section 6(4)
THE SECOND SCHEDULE
[See section 6(4)]
Functions which may be assigned to Development Councils:--
(1) Recommending targets for production, co-ordinating production programmes and reviewing progress from time to time.
(2) Suggesting norms of efficiency with a view to eliminating waste, obtaining maximum production, improving quality and reducing costs.
(3) Recommending measures for securing the fuller utilisation of the installed capacity and for improving the working of the industry, particularly of the less efficient units.
(4) Promoting arrangements for better marketing and helping in the devising of a system of distribution and sale of the produce of the industry which would be satisfactory to the consumer. ---------------------------------------------------------------------- 1. Numbered by Act 67 of 1973, s. 4 (w.e.f. 7-2-1974). 2. Ins. by s. 4, ibid, (w.e.f. 7-2-1974). 3. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978).
118F
(5) Promoting standardisation of products.
(6) Assisting in the distribution of controlled materials and promoting arrangements for obtaining materials for the industry.
(7) Promoting or undertaking inquiry as to materials and equipment and as to methods of production, management and labour utilisation, including the discovery and development of new materials, equipment and methods and of improvements in those already in use, the assessment of the advantages of different alternatives and the conduct of experimental establishments and of tests on a commercial scale.
(8) Promoting the training of persons engaged or proposing engagement in the industry and their education in technical or artistic subjects relevant thereto.
(9) Promoting the retraining in alternative occupations of personnel engaged in or retrenched from the industry.
119.(10) Promoting or undertaking scientific and industrial research, research into matters affecting industrial psychology and research into matters relating to production and to the consumption or use of goods and services supplied by the industry.
(11) Promoting improvements and standardisation of accounting and costing methods and practice.
(12) Promoting or undertaking the collection and formulation of statistics.
(13) Investigating possibilities of decentralizing stages and processes of production with a view to encouraging the growth of allied small scale and cottage industries.
(14) Promoting the adoption of measures for increasing the productivity of labour, including measures for securing safer and better working conditions and the provision and improvement of amenities and incentives for workers.
(15) Advising on any matters relating to the industry (other than remuneration and conditions of employment) as to which the Central Government may request the Development Council to advise and undertaking inquiries for the purpose of enabling the Development Council so to advise; and
(16) Undertaking arrangements for making available to the industry information obtained and for advising on matters with which the Development Councils are concerned in the exercise of any of their functions.
SCHE
See section 18FB
1*[THE THIRD SCHEDULE
(See section 18FB)
1. The Industrial Employment (Standing Orders) Act, 1946 (20 of 1946).
2. The Industrial Disputes Act, 1947 (14 of 1947).
3. The Minimum Wages Act, 1948 (11 of 1948). ---------------------------------------------------------------------- 1 Ins. by Act 72 of 1971, s. 10 (w.e.f. 1-11-1971).